De-Regulation Mechanisms from Criminals with Mental Disorders in Process of Preliminary Research with Emphasis on Patterns of Police Interventions (Comparative Study in Iran and USA)

Diversion, one of committed crimes as changing the path of addressing committed crime is an approach considered by the criminal justice system especially in relation to the committed crimes by certain groups of society. Performing these measures is of great importance especially in case of criminals with some type of mental disorder. Considering the fact that the justice's executives, as the first deploy of criminal justice system, play a role in against crimes and criminals, performing the measures related to diversion in the criminals in primary researches by the executives is important both regarding the reduction of economic costs of the criminal justice system and in terms of reaching to the goals of diversion. Attention to the interference patterns of the executives in the process of addressing the criminal's crimes indicate that today "crisis intervention team", as a group of educated police officers, play a pivotal role in performing diversion measures in the primary researches stage. To this end, the officers plying a role in the team are capable of making decisions for not introducing the criminals to the judicial centers depending on the type and nature of the crimes. In this paper, with investigation of duties and authorities of the justice's executives in the legal system of Iran and the U.S against the criminals having mental disorders, we conclude that unlike the legal system of the U.S, in the Iran' legal system lawmaker lacks a particular approach regarding the diversion from the committed crimes in the process of primary researches.